SHABA LAXMAN PILNKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ADMIT. By consent heard forthwith.

(2.) THIS revision petition is filed by the accused, whose conviction has been upheld under Section 16 (1a) (i) read with Section 7 (i) read with section 2 (ia) (f) of the Prevention of Food Adulteration Act, 1954, (Act, for short), by Judgment/order dated 10-11-2006, of the learned Additional sessions Judge, Panaji.

(3.) THE Petitioner No. 3/a3, is the proprietor of the establishment known as Omkar Traders and the Petitioner No. 1/a1 was his salesman. Both the said accused were prosecuted by the Food Inspector along with the establishment with the allegation that the accused No. 3 had sold through accused No. 1 to the Complainant-Food Inspector, for the purpose of analysis 450 grams of turmeric whole, for a sum of Rs. 18/-, which when analysed by the Public Analyst was found to contain insect damaged extraneous mater of 73. 0% by weight as against the permissible limit of 5. 0% by weight as prescribed by item No. A. 05. 20 of Appendix b, of the Prevention of Food Adulteration Rules, 1955 (Rules, for short ).